Case law

Dulany v. Middleton

72 Md. 67 · Court of Appeals of Maryland · Feb 6, 1890

These limitations of the interests of the cestuis que trust are followed by restrictions upon the power of alienation, lien or incumbrance of the property, with a qualified right to authorize the transfer and reinvestment … Upon careful consideration of the whole will, and all its separate provisions and limitations, we are clearly of opinion that they do not.

Mayor of Baltimore v. Williams

6 Md. 235 · Court of Appeals of Maryland · Dec 15, 1854

first of these cases are, that if a man seized of land in fee, makes a feoffment to the use of such persons and for such estates as he may appoint by his will, by operation of law the use vests in the feoffor, and he has a qualified … These authorities clearly establish the principle, that inadequacy of price, in connection with other sustaining proof, may be considered in a question like the present.

Bauernschmidt v. Bauernschmidt

101 Md. 148 · Court of Appeals of Maryland · Mar 23, 1905

It is sufficient if it is clearly preponderating, and upon careful consideration of the whole case we are of opinion that such is its character and effect. … Nor is it material that four of his children held five shares each of the stock merely to qualify them as corporators, and for which they paid nothing.

Attorney Grievance Commission v. Cocco

442 Md. 1 · Court of Appeals of Maryland · Feb 23, 2015

“We accept a hearing judge’s findings of fact unless we determine that they are clearly erroneous.” Att’y Grievance Comm’n v. Guida, 391 Md. 33, 50, 891 A.2d 1085, 1095 (2006). … Thus, we shall accept the hearing judge’s “findings of fact as established for the purpose of determining appropriate sanctions.” Md. Rule 16-759(b)(2)(A). practice.”

Lititz Mutual Insurance v. Bell

352 Md. 782 · Court of Appeals of Maryland · Feb 16, 1999

And the only way that it could be unintentional or negligent or accidental in this context will be if they can establish to a jury’s satisfaction that he comes within the definition of a person who would not be criminally … Panagoulis, 479 U.S. 1069 , 107 S.Ct. 960 , 93 L.Ed.2d 1008 (1987); Restatement (Second) of Torts § 895J (1979) ("One who has deficient mental capacity is not immune from tort liability solely for that reason.”); cf. id.,

Baltimore & Ohio Rail Road v. Worthington

21 Md. 275 · Court of Appeals of Maryland · Apr 14, 1864

Waterhouse, 3 Bing., 314, illustrates very clearly the ground upon which the Court may proceed in such a case, as well as the principle by which its action should be limited and controlled. … Saltonstall, as we understand it, establishes no principle inconsistent with the views here expressed.

Burch v. State

346 Md. 253 · Court of Appeals of Maryland · Jul 3, 1997

It has to prove, beyond a reasonable doubt, one or more qualifying aggravating factors, but once it does so, the defendant must then establish, by a preponderance of evidence, one or more mitigating factors against which … The error, however, is clearly harmless as to appellant; he got more, not less, than was his due. .

State v. Brown

464 Md. 237 · Court of Appeals of Maryland · Jun 24, 2019

Does an announced sentence that is anomalous in context qualify as an “evident mistake” that is subject to correction under Maryland Rule 4- 345(c)? 2. … Like its plain language, Maryland Rule 4-345(c)’s rulemaking history establishes that a mistake in the announcement of a sentence must be clear or obvious to qualify as “evident” under Maryland Rule 4-345(c).

Stottlemyer v. Kline

255 Md. 635 · Court of Appeals of Maryland · Nov 20, 1969

The doctrine of res judicata clearly applies in the present case which involves the question of ownership of the same land between the same parties, as were involved in the first case. … It is also well established that the line of an adjacent tract, if proved and established, may serve as a call in a deed as well as a natural object. Id., 195 Md. at 495 , 73 A. 2d at 879 .

Starr v. State

405 Md. 293 · Court of Appeals of Maryland · Jun 26, 2008

101(c)(2) and that the shotgun was not a dangerous weapon because “if it’s not listed in the statute the State has to show that it was intended to be included.... ” At no time did defense counsel assert that the shotgun qualified … Lyles, 308 Md. 129, 135 [ 517 A.2d 761 ] ... (1986), the Court of Appeals held clearly that a defendant is “required to state with particularity all reasons why his motion for judgment of acquittal should be granted.”...

Goldsborough v. Orem & Johnson

103 Md. 671 · Court of Appeals of Maryland · Jun 15, 1906

This was clearly not a libellous publication, and, therefore, this count will not be further considered. … Such charges, published under the circumstances detailed in the counts we are considering are clearly libellous in law.

State v. Lundquist

262 Md. 534 · Court of Appeals of Maryland · Jun 14, 1971

then made the decisive assumption that a flag salute could be required of non-objecting students and reasoned that it would be an unwarranted obstruction of valid legislative judgment for the judiciary to grant exceptional immunity … The last report of the Selective Service officers indicated that at the time of the report more than 2,000,000 young men — otherwise qualified for the military service of their country — have refused *568 such service on

Unger v. State

427 Md. 383 · Court of Appeals of Maryland · May 24, 2012

The Majority *431 opinion should articulate clearly why this was necessary. … Perry, 357 Md. at 97 , 741 A.2d at 1194 (“it is sometimes advisable to correct a decision or decision wrongly made in the first instance, if it is found that the decision is clearly wrong and contrary to other established

Varriale v. State

444 Md. 400 · Court of Appeals of Maryland · Aug 11, 2015

Clearly, the investigation was of a specific alleged crime (indicated by a case number) that is highly unlikely to have been the cold case burglary occurring four years earlier. . … The DNA comparison in Notti very clearly tracks King. The suspect was convicted, and after his conviction, his DNA profile was run through CODIS and matched to DNA left at a murder scene. Notti, 71 P.3d at 1235 .

Dallam v. Dallam's Lessee

7 H. & J. 220 · Court of Appeals of Maryland · Jun 15, 1826

there used, did not mean an indefinite failure of issue, but were explained and restiiclod by the words “living William,” to mean a dying by Thomas without i«sne living, in the lifetime of William: and were not *238 used to qualify … Their whole opinion is bottomed upon a denial of what is now deemed one of the best established axioms of the law, “that by last will and testament a fee may be limited upon a fee.”

County Commissioners v. State Ex Rel. Stansbury

107 Md. 210 · Court of Appeals of Maryland · Jan 8, 1908

this draw, could as well be determined by the jury as by this witness, who was not shown to possess any special skill or knowledge, derived from, or relating to, any trade, profession, or technical pursuit, which would qualify … There is- no contradiction of any of the material facts stated in the foregoing summary of the evidence in the case, and we think it clearly appears therefrom that the plaintiff was grossly negligent and that his death was

Potomac Valley Orthopaedic Associates v. Maryland State Board of Physicians

417 Md. 622 · Court of Appeals of Maryland · Jan 24, 2011

It is a well-established rule of statutory construction that a statute should be read so that no word, clause, sentence or phrase is rendered superfluous or nugatory.... … As the Board and the Attorney General have pointed out, a contrary conclusion would offend several well established principles of statutory construction.

Director of Patuxent Institution v. DANIELS OF PATUXENT INSTITUTION

243 Md. 16 · Court of Appeals of Maryland · Jun 17, 1966

The relationship between the professional staff and the inmate population is generally good. (4) The institution makes continuous efforts to recruit qualified professional personnel of high caliber and does maintain salary … Salary levels for the professional personnel at Patuxent are sufficient to attract and hold qualified personnel.

Wal Mart Stores, Inc. v. Holmes

416 Md. 346 · Court of Appeals of Maryland · Oct 25, 2010

The impact of the right being derivative is that a surviving spouse that claims to be a qualified beneficiary of the covered employee’s right to compensation “steps into the shoes” of that employee. … Section 9-632(d) clearly contemplates an obligation that has been imposed by a court order or by lawful agreement and the Commission correctly viewed it that way.

Lawrence v. State

103 Md. 17 · Court of Appeals of Maryland · Jan 24, 1906

The worthless character of the stock in question was one fact to be proved by the State as having relevancy to establish the charge in the indictment. … certain disease which would tend to connect him with the crime with which he was charged was not admissible as evidence against him; but said in the course of the opinion in the case “there are, of course, limitations as to immunity